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<br />5ecured Debt is fully and finally paid, Beneficiary agrees to release this Deed of Trust and 7rustor agrees to pay for
<br />any recordation costs. All such amounts are due on demand and will bear interest from the time of the advance at the
<br />highest rate in effect, fram time to time, as provided in the Evidence of Debt and as permitted by law.
<br />19. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) "Environmental Law" means,
<br />without limitatian, the Comprehensive Enviranmental Response, Compensation and Liability Act (C�RCLA, 42 U.S.C.
<br />96p1 et seq.►, all other federal, state and local laws, regulations, ordinances, caurt arders, attorney general opinions or
<br />interpretive letters cancerning the public health, safety, welfare, environment or a hazardous substance; and (2)
<br />"Hazardous 5ubstance" means any toxic, radioactive or hazardous material, waste, pollutant nr oontaminant which
<br />has characteristics which render the substance dangerous or potentially dangerous to the public health, safety, welfare
<br />or environment, The term includes, without limitation, any substances defined as "hazardous material," "toxic
<br />substances," "hazardous waste" or "hazardous substance" under any Environmental Law. Trustor represents,
<br />warrants and agrees that, except as previously disclosed and acknowledged in writing:
<br />A. No Hazardvus Substance has been, is, or will be located, transported, manufactured, treated, refined, or handled
<br />by any person on, under or about the Property, except in the ordinary course of business and in strict
<br />compliance with all applicable Environmental Law.
<br />B. Trustor has not and will nat cause, contribute to, or permit the release of any Hazardous Substance on the
<br />Property.
<br />C. Trustor will immediately notify Beneficiary if (1) a release or threatened release of Hazardous Substance occurs
<br />on, under or about the Property or migrates or threatens to migrate from nearby property; or (2) there is a
<br />violation of any Environmental Law concerning the Property. In such an event, Trustor will take all necessary
<br />remedial action in accordance with Environmental Law.
<br />D. Trustor has no knawledge of or reason to believe there is any pending or threatened investigation, claim, or
<br />proceeding of any kind relating to (1) any Hazardous Substance Ipcated on, under or about the Property; or (2)
<br />any violation by Trustor or any tenant of any Environmental Law. Trustor will immediately notify Beneficiary in
<br />writing as soon as Trusto� has reason to believe there is any such pending or threatened investigation, claim, or
<br />proceeding. In such an event, Beneficiary has the right, but not the obligation, to participate in any such
<br />proceeding including the right to receive copies of any documents relating to such proceedings.
<br />E. Trustor and every tenant have been, are and shall remain in full compliance with any applicable Environmental
<br />Law.
<br />F. There are no underground storage tanks, private dumps or open wells located on or under the Property and no
<br />such tank, dump or well will be added unless Beneficiary first consents in writing.
<br />G. Trustor will regularly inspect the Property, monitor the activities and operations on the Property, and confirm
<br />that all permits, licenses or approvals required by any applicable Environmental Law are obtained and complied
<br />with.
<br />H. Trustvr will permit, or cause any tenant to permit, Beneficiary or Beneficiary's ag�nt to enter and inspect the
<br />Property and review all records at any reasonable time to determine (1) the existence, location and nature of any
<br />Hazardous Substance on, under or about the Property; (2) the existence, location, nature, and magnitude of any
<br />Hazardous 5ubstance that has been released on, under or about the Property; ar (3) whether or not Trustor and
<br />any tenant are in campliance with applicable Environmental I�aw.
<br />I. Upnn Beneficiary's request and at any time, Trustor agrees, at Trustor's expense, to engage a qualified
<br />environmental engineer to prepare an environmental audit af the Property and to submit the results of such audit
<br />to Beneficiary. The chnice of the environmental engineer who will perform such sudit is subject to Beneficiary's
<br />approval.
<br />J, Beneficiary has the right, but not the obligation, to perform any of Trustor's obligations under this section at
<br />Trustor's expense.
<br />K. As a consequence of any breach of any representation, warranty or promise made in this section, (1 � Trustor
<br />will indemnify and hold Beneficiary and Beneficiary's successors or assigns harmless from and against all losses,
<br />claims, demands, liabilities, damages, cleanup, response and remediation costs, penalties end expenses,
<br />including without limitation all costs af litigation and attorneys' fees, which Beneficiary and Beneficiary's
<br />successnrs or assigns may sustain; and (2) at Beneficiary's discretion, Beneficiary may release this Deed of
<br />"frust and in return Trustor will provide Beneficiary with collateral of at least equal value to the Property secured
<br />by this Deed af 7rust without prejudice to any of Beneficiary's rights under this Deed of Trust.
<br />L, Natwithstanding any of the language cantained in this Deed of Trust to the contrary, the terms of this section
<br />shall survive any fareclosure or satisfaction of this Deed of Trust regardless of any passage of title to
<br />Beneficiary or any disposition by Beneficiary of any or all of the Property. Any claims and defenses to the
<br />contrary are hereby waived.
<br />20. CONDEMNATIQN. Trustor will give Beneficiary prompt natice of any action, real or threatened, by private or public
<br />entities to purchase or take any or all af the Property, including any easements, through condemnatian, eminent
<br />domain, or any other means. Trustor further agrees to notify Beneficiary of any proceedings instituted for the
<br />establishment of any sewer, water, conservation, ditch, drainage, or other district relating to or bmding upon the
<br />Property or any part of it. Trustor authorizes Beneficiary ta intervene in Trustor's name in any of the above described
<br />actians or claims and to collect and receive all sums resulting from the action or claim. Trustor assigns to Baneficiary
<br />the proceeds of any award or claim for damages connected with a candemnation or other taking of all ar any part of
<br />the Property. 5uch proceeds shall be considered payments and will be applied as provided in this Deed of Trust. This
<br />assignment of proceeds is subject to the terms nf any prior security agreement.
<br />21. INSURANCE. Trustor agrees to maintain insurance as follows:
<br />A. Trustor shall keep the Property insured against Ioss by fire, theft and other hazards and risks reasonably
<br />associated with the Property due ta its type and location. Other hazards and risks may inalude, for example,
<br />coverage against loss due to floods or flooding. This insurance shall be maintained in the amounts and for the
<br />periods that Beneficiary requires. What Beneficiary requires pursuant to the preceding three sentences can
<br />change during the term of the Secured Debt. The insurance carrier providing the insurance shall be chosen by
<br />/� /page 5 of SJ
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<br />�^' m 1993, 2001 Bankors Systema, Inc„ St. Cloud, MN Form AGCO-RESI-NE 1/17/2003 f�
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